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Tea party radio ad opposes David’s retention; Shepard gives backing

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Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.

David, who was appointed to the court in 2010, has faced opposition due to his 2011 opinion in Richard L. Barnes v. State of Indiana. David wrote for a 3-2 majority that there was no right to reasonably resist unlawful residential entry by police. The Legislature reacted this year to public outcry, passing SEA 1, which said such a right does exist.

In response to the unusual opposition to a retention vote, David was authorized by the Judicial Qualifications Commission to create a website, www.justicestevendavid.com. Appellate judges typically may not campaign for retention unless they encounter active opposition.

David said in a recent interview with the Indiana Lawyer that, “It’s important to look at a person’s body of work rather than one decision.” He noted taking part in more than 150 Indiana Supreme Court decisions since his appointment, more than 30 of which he wrote.

In the tea party radio ad, an announcer says, “For hundreds of years, your home was your castle. … As a result of Justice Steven David’s opinion, your home is no longer your castle … Is Justice Steven David a judge Hoosiers want on the Indiana Supreme Court?”

The tea party website, www.indianapolisteaparty.com, says the ad is airing statewide. Representatives of Indianapolis Tea Party Corp. did not respond to messages seeking comment.

David recently published an endorsement on his website from former Indiana Chief Justice Randall Shepard, who wrote, “It is good for Indiana that Steve David hears the call of public service, and we should vote to retain him in office with confidence that we’re lucky to have him.”

Shepard also endorsed other appellate judges up for retention as well as the process that placed them on the bench. “Indiana’s system of merit appointment and retention has saved us from the sort of unseemly judicial political campaigns so visible even in the states around us. And it has promoted able people to the bench. The public’s knowledge of this fact has produced higher voter participation and higher voter approval over time,” Shepard wrote.

Also on the statewide retention ballot Tuesday are Justice Robert Rucker and Court of Appeals Judge Nancy Vaidik. Court of Appeals Judge John Baker will appear on ballots in COA District 1, 53 mostly southern and central Indiana counties excluding Delaware, Hamilton, Madison and Marion counties; and COA judges Michael Barnes and Paul Mathias will appear on ballots in District 3, 20 counties in northern Indiana.


 

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  • voters exercise their free speech rights; usual cheerleaders for democracy and free speech frown upon it
    Democracy, democracy, democracy, except when it threatens powers-that-be! If the unwashed masses dare disagree with a law decision abolishing an individual right cherished by free Enlgish and Americans since the Magna Carta, then they are "extremists." Bah!
  • Vote No to Extremisim
    I would say no extremisim should be welcomed. Not from Tea pariers, Move Oners, 99 percenters, or the 47 percenters, NOR any liberalist, conservitivist, libetarianist, greenist, socialist, communist, facist, anarchist, agnostic..ist. No one should be welcomed or have any say or opinion of those in our legal system. U scary!
  • Merit Selection
    Tea Party extremism is not welcome in our Legal System of Justice: RETAIN STEVEN DAVID

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    1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

    2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

    3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

    4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

    5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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